Civil Law Commons^™

Kekuasaan Pengawasan Ombudsman Republik Indonesia Dalam Memastikan Hak Setiap Orang Bebas Dari Penyiksaan Dan Perbuatan Merendahkan Derajat Manusia, Gatot Goei

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The establishment of Ombudsman had been officially established on 2000, based on presidential decree number 44/2000 of Ombudsman Commission of Republic Indonesia. It was later strengthened by Law Number 37/2008 of Ombudsman Republic Indonesia. As one of State Auxiliary Body, Ombudsman exercises one of Legislative's powers, which is supervision function. Its feature adhered is to ensure the state administrators to practice their duty in giving public services. Ombudsman also partakes in guaranteeing the fulfillment of community rights by service provider, basedon enforced law, without discrimination and in line with the public services law. Ombudsman RI participates in protecting people from …

Etika Bisnis Pelaku Usaha Yang Merugikan Konsumen Dalam Hukum Persaingan Usaha, Hirmawati Fanny Tainpubolon

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Competition between business actors has been carried out in ways that are unfair so that there will be consumers who are hammed. This is because there is no honesty regarding the quality of goods offered for circulation by certain business actors by stating that the products they offer are of the highest class quality even though there are hidden defects covered, if this situation occurs in a protracted manner, consumers will suffer a lot of losses. Through the study of juridical analysis and using library research, the author examines two main issues, namely how business competition and business ethics among …

Perspektif Budaya Hukum Dalam Perkembangan Kasus Korupsi Di Indonesia, Fakhruddin Odhy

"Dharmasisya” Jurnal Program Magister Hukum FHUI

In Indonesian society whose culture and social structure are complex, law functions more as a means of community renewal, law grows more from the part of society that has power and authority which can be a reflection of public interests. The fundamental problem in Indonesia is the legal culture that has not been going well. Legal conditions that are still rife in corruption cases being facedIn a legal culture perspective corruption shows behavior that is contrary to the values and norms of honesty, social, religion or law. Corruption itself is classified as a serious crime because it can disrupt economic …

Tinjauan Yuridis Penjaminan Simpanan Bank Dalam Likuidasi Terkait Simpanan Unrecorded Akibat Fraud Yang Dilakukan Oknum Bank, Dwinanto Prakoso

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Bank as an agent of development aims to support the implementation of national development in order to improve the distribution of development and its results, economic growth, and national stability towards improving welfare of many people. In the impelemntation of the bank role as an agent of development, banks must carry out their business activities by taking into account public trust in the business of the bank. One of the efforts to maintain public trust in the activity of raising funds by banks, in year 2004 the government established the Deposit Insurance Corporation. One of the functions of the Indonesian …

Kesiapan Indonesia Dalam Memenuhi Nationally Determined Contribution (Ndc) Seb Agaiimplement Asi Paris Agreement Terkait Restorasi Lahan Gambut, Bela Titis Gantika Br Panggabean

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Indonesia has stated its participation in one of the Climate Agreement, namely Paris Agreement, in the context of reducing GHG emission. In its implementation, Paris Agreement provides obligations for the Parties to conduct a Nationally Determined Contribution, in which there are targets to be achieved in an effort to reduce GHG emissions, in accordance with the domestic conditions of the participating countries. Undoubtedly, each state has different priorities in efforts to reduce GHG emissions, including Indonesia. Natural disasters such as forest and peatland fires that often occur in Indonesia are considered by the government to prioritize forest and peatland restoration …

Reformasi Birokrasi Bidang Perizinan Penyelenggaraan Telekomunikasi Melalui Pelayanan Perizinan Berusaha Terintegrasi Secara Elektronik (Sistem Oss), Eka Sakti

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Bureaucratic reform is expected to improve public services for public and to attain Good Governance for a country. In Indonesia, bureaucratic reform is carried out in various aspects and fields, one of which is the licensing bureaucracy of telecommunications in Indonesia through the implementation of the OSS System which is an effort to accelerate business licensing in Indonesia based on PP No. 24 of 2018 and Regulation of the Minister of Communication and Information No. 7 of 2018. In this case, the OSS System reforms business licensing regulations in terms of time, stages, and utilization of technological developments as an …

Consular Formalities Dalam Peraturan Kepala Badan Pengawas Obat Dan Makanan Nomor 26 Tahun 2018 Terkait Kebijakan Hambatan Non Tarif Perdagangan Impor Obat Tradisional, Hendry Ardi Marpaung

"Dharmasisya” Jurnal Program Magister Hukum FHUI

II of the Inventory of Non-Tariff Measures (Industrial Products) specifically in the description of Customs and non-tariff barriers regarding Administrative Entry Procedures state that consular formalities are a type of non-tariff barrier. Fulfillment of certificate of free sale or certificate of pharmaceutical as a parts of consular formalityes issued by authorized government agencies in the country of origin and has been authorized by representatives of the Government of the Republic of Indonesia in obtaining Import Certificates against traditional drug import trade which should not commitment of Indonesia in international trade indicates the existence of non-tariff barriers carried out by Indonesia. …

There Is No Justice When Low And Modest-Income D.C. Residents Are Forced To Represent Themselves In Civil Cases, Sheldon Krantz

University of the District of Columbia Law Review

After spending more than twenty years as a white-collar criminal defense lawyer at DLA Piper and prior to that serving as a federal prosecutor, law professor, and law school dean, I had the opportunity to help develop and then share responsibility for directing the non-profit D.C. Affordable Law Firm (“DCALF”). 135 I learned from this experience that lawyers are rarely available for most of the low- and modest income District of Columbia (“D.C.”) residents who find themselves embroiled in civil matters in D.C. Superior Court on matters greatly impacting their lives. They become, as a result, self-represented litigants (“SRLs”) who …

Self-Determination In American Discourse: The Supreme Court’S Historical Indoctrination Of Free Speech And Expression, Jarred Williams

Honors Program: Senior Projects (Public)

Within the American criminal legal system, it is a well-established practice to presume the innocence of those charged with criminal offenses unless proven guilty beyond a reasonable doubt. Such a judicial framework-like approach, called a legal maxim, is utilized in order to ensure that the law is applied and interpreted in ways that legislative bodies originally intended.

The central aim of this piece in relation to the First Amendment of the United States Constitution is to investigate whether the Supreme Court of the United States has utilized a specific legal maxim within cases that dispute government speech or expression regulation. …

Law School News: Professor Gonzalez Is 2020 Rhode Island Lawyer Of The Year 01/11/21, Barry Bridges, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Systemic Racism And Immigration Detention, Carrie L. Rosenbaum

Seattle University Law Review

The denouement of the Trump presidency was a white supremacist coup attempt against a backdrop of public reawakening to the persistence of institutionalized racism. Though the United States has entered a new administration with a leader that expresses his commitment to ending institutionalized racism, the United States continues to imprison Central American and Mexican immigrants at the southern border. If the majority of the people in immigration jails at the border are Latinx, does immigration law disparately impact them, and do they have a right to equal protection? If they do, would equal protection protect them? This Article explores whether …

Duress In Immigration Law, Elizabeth A. Keyes

Seattle University Law Review

The doctrine of duress is common to other bodies of law, but the application of the duress doctrine is both unclear and highly unstable in immigration law. Outside of immigration law, a person who commits a criminal act out of well-placed fear of terrible consequences is different than a person who willingly commits a crime, but American immigration law does not recognize this difference. The lack of clarity leads to certain absurd results and demands reimagining, redefinition, and an unequivocal statement of the significance of duress in ascertaining culpability. While there are inevitably some difficult lines to be drawn in …

Neither Safe, Nor Legal, Nor Rare: The D.C. Circuit’S Use Of The Doctrine Of Ratification To Shield Agency Action From Appointments Clause Challenges, Damien M. Schiff

Seattle University Law Review

Key to the constitutional design of the federal government is the separation of powers. An important support for that separation is the Appointments Clause, which governs how officers of the United States are installed in their positions. Although the separation of powers generally, and the Appointments Clause specifically, support democratically accountable government, they also protect individual citizens against abusive government power. But without a judicial remedy, such protection is ineffectual—a mere parchment barrier.

Such has become the fate of the Appointments Clause in the D.C. Circuit, thanks to that court’s adoption—and zealous employment—of the rule that agency action, otherwise unconstitutional …

The Future Of The Agricultural Industry – Is Blockchain A New Beginning?, Ryan Bisel

Seattle University Law Review

As we advance into a digital era, we begin to depend on technological innovations to rapidly help develop and update processes and methods within different industries. Blockchain technology—popularized by cryptocurrency—is slowly making its debut in the agricultural supply chain. Implementing a blockchain requirement for suppliers would be beneficial because it would allow agricultural suppliers and distributors to track their products in a more efficient manner. However, there are four potential legal issues that are foreseeable: (1) preemption, (2) overlapping regulatory authority, (3) applying current legal rules to new technology, and (4) contracting. This Note will specifically focus on issues of …

Why Do The Poor Not Have A Constitutional Right To File Civil Claims In Court Under Their First Amendment Right To Petition The Government For A Redress Of Grievances?, Henry Rose

Seattle University Law Review

Since 1963, the United States Supreme Court has recognized a constitutional right for American groups, organizations, and persons to pursue civil litigation under the First Amendment right to petition the government for redress of grievances. However, in three cases involving poor plaintiffs decided by the Supreme Court in the early 1970s—Boddie v. Connecticut,2 United States v. Kras,3 and Ortwein v. Schwab4—the Supreme Court rejected arguments that all persons have a constitutional right to access courts to pursue their civil legal claims.5 In the latter two cases, Kras and Ortwein, the Supreme Court concluded that poor persons were properly barred from …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents and Special Thanks.

Neither “Post-War” Nor Post-Pregnancy Paranoia: How America’S War On Drugs Continues To Perpetuate Disparate Incarceration Outcomes For Pregnant, Substance-Involved Offenders, Becca S. Zimmerman

Pitzer Senior Theses

This thesis investigates the unique interactions between pregnancy, substance involvement, and race as they relate to the War on Drugs and the hyper-incarceration of women. Using ordinary least square regression analyses and data from the Bureau of Justice Statistics’ 2016 Survey of Prison Inmates, I examine if (and how) pregnancy status, drug use, race, and their interactions influence two length of incarceration outcomes: sentence length and amount of time spent in jail between arrest and imprisonment. The results collectively indicate that pregnancy decreases length of incarceration outcomes for those offenders who are not substance-involved but not evenhandedly -- benefitting white …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Don't Change The Subject: How State Election Laws Can Nullify Ballot Questions, Cole Gordner

Dickinson Law Review (2017-Present)

Procedural election laws regulate the conduct of state elections and provide for greater transparency and fairness in statewide ballots. These laws ensure that the public votes separately on incongruous bills and protects the electorate from uncertainties contained in omnibus packages. As demonstrated by a slew of recent court cases, however, interest groups that are opposed to the objective of a ballot question are utilizing these election laws with greater frequency either to prevent a state electorate from voting on an initiative or to overturn a ballot question that was already decided in the initiative’s favor. This practice is subverting the …

Free Speech In The Modern Age, [email protected]

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

My Body, My Choice: Biblical, Rabbinic, And Contemporary Halakhic Responses To Abortion, Adena Berkowitz

Touro Law Review

Since the Supreme Court grounded the right to an abortion in a constitutional right to privacy, legal and societal debate has continued around the status of a fetus in utero, a woman’s countervailing claims, and the interests of states and society as a whole. As American courts have faced an issue that intertwines legal, moral, and philosophical questions, so too the halakhic process confronts analogous complexities. The main line of Jewish tradition makes a much-needed contribution to the discussion of abortion. Without sharing the view that the fetus is from conception fully a person, it stops short of a complete …

Regaining Control Over The Climate Change Narrative: How To Stop Right-Wing Populism From Eroding Rule Of Law In The Climate Struggle In India, Binit Agrawal

Fordham Environmental Law Review

No abstract provided.

Innovative Regulatory And Financial Parameters For Advancing Carbon Capture And Storage Technologies, Zen Makuch, Slavina Georgieva & Behdeen Oraee-Mirzamani

Fordham Environmental Law Review

No abstract provided.

Textiles As A Source Of Microfiber Pollution And Potential Solutions, Lea M. Elston

Fordham Environmental Law Review

No abstract provided.

It’S 1919 Somewhere: What Tennessee Wine & Spirits Retailers Association V. Thomas Means For The National Hangover Of The Twenty-First Amendment, The Dormant Commerce Clause, And Federal Legalization Of Intoxicating Substances., Evan W. Saunders

Brooklyn Law Review

The United States has a drinking problem; or rather, an alcohol problem. In the aftermath of Prohibition and the passage of the Twenty-First Amendment, the Supreme Court has struggled to settle upon an overarching regulatory system for alcohol that is amenable to both the federal government and the states. Most recently, in Tennessee Wine and Spirits Retailers Association v. Thomas, the Court further asserted that alcohol should be treated just like any other good under the Dormant Commerce Clause. This note examines the Court’s Twenty-First Amendment jurisprudence leading up to Tennessee Wine, and suggests an alternate interpretation of the amendment …

Lessons From Renewable Energy Diffusion For Carbon Dioxide Removal Development, Anthony E. Chavez

Fordham Environmental Law Review

No abstract provided.

Law School News: Two Rwu Law Alumni Included Among Historic Judicial Nominations 12-08-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Rwu Law News: The Newsletter Of Roger Williams University School Of Law 12-2020, Barry Bridges, Michael M. Bowden, Nicole Dyszlewski, Louisa Fredey

Life of the Law School (1993- )

No abstract provided.

The Weaponization Of The “Alien Harboring” Statute In A New-Era Of Racial Animus Towards Immigrants, Hannah Hamley

Seattle University Law Review

Federal law 8 U.S.C. § 1324(a)(1)(A)(iii), commonly referred to as the “Alien Harboring” statute, was passed sixty-eight years ago and has been used as a weapon against immigrants and their allies. Spanning back decades, numerous scholars, alarmed by the dangerous use of the statute, have written about its muddled congressional intent and the unclear definition of “harboring.” These issues continue to be relevant and are foundational concerns with the enforcement of the harboring statute. However, in the era of President Donald J. Trump, we are faced with a new danger. We are confronted with an Administration that is ferociously anti-immigrant …